People v. Avelar

Appellate Division of the Supreme Court of New York

People v. Avelar

90 A.D.3d 775, 934 N.Y.2d 333

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 2011

StatusPublished

Cited by1 cases

This text of 90 A.D.3d 775 (People v. Avelar) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Avelar, 90 A.D.3d 775, 934 N.Y.2d 333 (N.Y. Ct. App. 2011).

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Opinion

[776]*776The defendant’s valid waiver of his right to appeal forecloses appellate review of the denial of that branch of his motion which was to dismiss the charge against him in furtherance of justice, in effect, pursuant to CPL 210.40 (see People v Cortes, 44 AD3d 538 [2007]).

The defendant’s remaining contentions are also barred by the defendant’s valid waiver of his right to appeal. Angiolillo, J.P, Dickerson, Lott and Miller, JJ., concur.

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[776]*776The defendant’s valid waiver of his right to appeal forecloses appellate review of the denial of that branch of his motion which was to dismiss the charge against him in furtherance of justice, in effect, pursuant to CPL 210.40 (see People v Cortes, 44 AD3d 538 [2007]).

The defendant’s remaining contentions are also barred by the defendant’s valid waiver of his right to appeal. Angiolillo, J.P, Dickerson, Lott and Miller, JJ., concur.

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Bluebook (online)

90 A.D.3d 775, 934 N.Y.2d 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-avelar-nyappdiv-2011.

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